Is family law mediation legally binding?
Family law mediation is not legally binding unless a clear agreement is reached. The courts in British Columbia and Alberta have upheld the agreements reached by parties in mediation even when not in a formal written agreement.
Upholding Mediation Agreements
Typically, agreements reached during mediation can be made legally binding through a court order or settlement agreement.
During the mediation process, the mediator will typically draft a written document outlining the terms of any agreements reached by the parties. This document is not usually legally binding, but it can be used as a basis for a settlement agreement or court order if the parties choose to make it legally binding.
The Importance of Legal Consultation
It's important to note that before making any agreement reached in mediation legally binding, it is recommended that both parties consult with a family lawyer to ensure that they understand their rights and obligations, and that the agreement is fair and reasonable.
In summary, agreements reached during family law mediation are not automatically legally binding, but they can be made legally binding through a court order or settlement agreement. It is recommended that both parties consult with a family lawyer or other legal professional before making any agreement legally binding to ensure that they understand their rights and obligations and that the agreement is fair and reasonable.
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